LoP backs LG’s transfer move, cites J&K Reorganisation Act

Jammu, Apr 4: Senior BJP leader and the Leader of Opposition (LoP) in the J&K Legislative Assembly, Sunil Kumar Sharma Friday asserted that Lieutenant Governor Manoj Sinha acted within his jurisdiction, well defined under the J&K Reorganisation Act, when he (LG) effected recent transfers of JKAS officers.

He accused the National Conference of giving the transfer issue a political spin, forgetting that J&K was a Union Territory (UT) and not “its private fiefdom.”

The Leader of the Opposition was responding to media queries in a press conference at the party headquarters.

Queries pertained to the meeting of the National Conference Legislative Party and the alliance partners convened by Chief Minister Omar Abdullah in Srinagar on April 4 in the backdrop of recent transfers of 48 Jammu and Kashmir Administrative Service (JKAS) officers effected by the Lieutenant Governor, renewing debate on dual power structure in J&K and alleged “violation of division of power in the UT set up under the J&K Reorganisation Act.”

He said, “I don’t find it appropriate to make a comment on the meeting being convened by a political party. But if you are referring to transfers, I want to clarify that when the J&K Reorganisation Act, 2019 came into being, the powers of the Lieutenant Governor and the Chief Minister in the Union Territory were well defined (in it).”

Sunil Sharma said, “As per the Act, all the transfers which pertain to law and order, will come under the domain of the Lieutenant Governor who looks after this subject (law and order).”

“Sub Divisional Magistrates have magisterial powers so they relate to law and order. Hence, these (transfers) will be effected by the Lieutenant Governor. Similarly, Additional Deputy Commissioners (ADCs) too hold magisterial powers so their transfers will also come under the domain of the LG. I don’t think there is any dispute about it,” the Leader of the Opposition said.

He asserted he believed that the Lieutenant Governor did not use any privilege going beyond the existing administrative framework under the Act.

“No, he (LG) did not exercise any special power or overstep his jurisdiction. Even otherwise this (transfer move) was in exercise of his power vested in him (by virtue of the Act). This was a routine matter. The transfers were effected in routine,” Sunil Sharma said.

In the same breath, the Leader of the Opposition pointed out that the Chief Minister transferred Director Health and Director Education besides making other transfers.

“His (CM’s cabinet) ministers, as I observed today only, affected the transfers and postings of lecturers, principals, XENs (Executive Engineers) etc. Almost all the transfers were being effected by the government and it was perfectly fine because the people gave it a mandate for it,” he said.

“Yet in one particular section, which relates to magisterial powers - that specific section pertaining to law and order, transfers are to be effected by the Lieutenant Governor as it is defined by the (J&K Reorganisation) Act,” LoP explained the “division of power” in the UT setup.

Aiming barbs at the National Conference for “giving a political spin to routine matter”, Sunil Sharma remarked, “But the problem is with the National Conference people. They have a kind of fixation on treating J&K as their private fiefdom. Since its (NC’s) inception, they have believed that J&K is their personal property and they only reserve the right to do as per their whims. They (NC), only, will dole out jobs, contracts; distribute transfers and forests.”

“This fixation is still there. They (NC) presume that they are still living in that set-up of J&K State, which they used to treat as their fiefdom. They have forgotten that J&K is a Union Territory and not a State. Those who are demanding statehood, don’t have public welfare in mind. They only want to regain personal power, influence to effect transfers and gain control of industries,” he stated.

“For the past 40 years or so, J&K has suffered on account of the dismal law and order situation here. Now, when the Centre (under UT set up) is looking after this area (law and order) and bringing it back on track - a mission which has almost been accomplished and the Lieutenant Governor is effecting some transfers for the purpose – why should anyone have a problem,” the LoP asked.

With regard to a query about allegations of manhandling by the former minister Harsh Dev Singh against the Deputy Chief Minister, the BJP leader said it only reflected the frustration of the party in power.